Part 8Investigations
Chapter 3Scotland
Customer information orders
401Statements
1
A statement made by a financial institution in response to a customer information order may not be used in evidence against it in criminal proceedings.
2
But subsection (1) does not apply—
a
in the case of proceedings under Part 3,
b
on a prosecution for an offence under section 400(1) or (3), or
c
on a prosecution for some other offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subsection (1).
3
A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by or on behalf of the financial institution in the proceedings arising out of the prosecution.